Idaho Code §§ 55-2701 to 55-2720 § 55-2714

TENANT ACTION FOR DAMAGES — SPECIFIC PERFORMANCE.

In Force
Verified 10/22/2026 · Next check 10/23/2026
IdahoHabitability & Repair

Operative Text

Idaho Code §§ 55-2701 to 55-2720 § 55-2714
(1) A tenant of a floating home marina may file an action against a landlord for damages and specific performance for:
(a) Failure to maintain in good working order, to the terminal point of service, electrical, water or sewer services supplied by the landlord;
(b) Maintaining those portions of the premises open to use by the tenant in a manner hazardous to the health or safety of the tenant including, but not limited to, a continuing violation of any of the following:
(i) Any rule adopted by the department of environmental quality governing public drinking water systems;
(ii) Any rule adopted by the department of environmental quality governing hazardous waste;
(iii) Any rule adopted by the public health district in which the floating home marina is located governing wastewater and on-site sewage treatment systems;
(iv) Any provisions of the international fire code, as amended by the provisions of a fire code adopted by the county or municipality in which the floating home marina is located;
(v) Any provisions of the uniform building code, as amended by the provisions of any building code adopted by the state, county or municipality in which the floating home marina is located.
(c) Material breach of any specific term of a rental agreement.
(2) Upon filing the complaint, a summons must be issued, served and returned as in other actions. Provided however, that in an action exclusively for specific performance, at the time of issuance of the summons, the court shall schedule a trial within twelve (12) days from the filing of the complaint, and the service of the summons, complaint and trial setting on the defendant shall be not less than five (5) days before the day of trial appointed by the court. If the plaintiff brings an action for damages with an action for specific performance, the early trial provision shall not be applicable, and a summons must be issued returnable as in other cases upon filing the complaint.
(3) In an action under this section, the plaintiff, in his complaint, must set forth facts on which he seeks to recover, describe the premises, and set forth any circumstances which may have accompanied the failure or breach by the landlord.
(4) If upon the trial, the verdict of the jury, or, if the case be tried without a jury, the finding of the court, be in favor of the plaintiff against the defendant, judgment shall be entered for such special damages as may be proven. General damages may be awarded but shall not exceed five hundred dollars ($500). Judgment may also be entered requiring specific performance for any breach of agreement shown by the evidence and for costs and disbursements.
(5) Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days’ written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure. If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, or in the event of damage to the premises or other default not capable of cure within three (3) days and the landlord has not provided written assurance to the tenant that a cure will be effected within a reasonable time, the tenant may proceed to commence an action for damages and specific performance.
(6) The notice required in subsection (5) of this section shall be served either:
(a) By delivering a copy to the landlord or his agent personally; or
(b) By leaving a copy with an employee at the usual place of business of the landlord or his agent if the landlord or his agent is absent from his usual place of business; or
(c) By sending a copy of the notice to the landlord or his agent by certified mail, return receipt requested.
(7) Nothing in this section shall bar either the landlord or the tenant from bringing such civil action for relief to which said party is otherwise entitled.
Source: Legislative text reproduced verbatim
Plain English

Idaho Code Title 55 ch. 27 § 55-2714 establishes a legal remedy for floating home marina tenants when a landlord fails to maintain essential services like electricity, water, or sewer connections, allows hazardous conditions to persist on shared premises, or materially breaches a rental agreement. A tenant who prevails in such an action may recover special damages as proven, general damages up to $500, and may obtain a court order requiring the landlord to perform specific obligations. Before filing suit, the tenant must provide the landlord with three days' written notice identifying each failure or breach and demanding a cure, giving the landlord an opportunity to resolve the issue before litigation proceeds.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under § 55-2714, operators of floating home marinas in Idaho are expected to keep landlord-supplied electrical, water, and sewer services in good working order up to the terminal point of service, and to maintain common areas in compliance with applicable environmental, fire, and building codes. A compliant marina operator typically responds promptly to written notices from tenants identifying failures or breaches, providing either a cure within three days or written assurance that a cure will be completed within a reasonable time when the issue cannot be resolved that quickly. Documenting all maintenance activities, code compliance efforts, and responses to tenant notices is a practice generally associated with managing obligations under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 55-2714 of the Idaho Floating Homes Residency Act gives floating home marina tenants the right to sue a landlord for damages and specific performance when the landlord fails to maintain essential utility services, allows hazardous conditions on shared premises, or materially breaches the rental agreement. Before filing, a tenant must serve the landlord with written notice—delivered personally, left with a business employee, or sent by certified mail with return receipt—identifying each specific failure and demanding a cure, then wait three days to see whether the landlord responds. Tenants who believe their landlord has not complied after proper notice may explore options such as filing a civil action in court, contacting a local tenant-rights organization, or consulting an attorney familiar with Idaho housing law to understand the remedies available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Idaho Code § 55-2713
Idaho Code § 55-2714

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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